Showing posts with label attorney-profile. Show all posts
Showing posts with label attorney-profile. Show all posts

Monday, February 2, 2015

Elise Manchester (Profile of Zwicker & Associates Debt Collection Attorney)


ELISE MANCHESTER - Individual profile of debt collection attorney at major firm suing on consumer credit card debt.  

Elise D. Manchester is an attorney with the Texas branch of ZWICKER & ASSOCIATES P.C., a debt collection firm operating in more than a dozen states.

Manchester is a graduate from Baylor, where she earned her Doctor of Jurisprudence degree in 2009. She lists her practice areas as Business, Litigation: Commercial, which is interesting, given that ZWICKER is best known for suing on consumer debt on behalf of such creditors as Discover Bank and American Express. The listed areas apparently reflect the nature of her caseload at the lawfirm she was previously associated with: HARRELL PAILET & ASSOCIATES, PC. Her docket there reflected a wider range of clients, compared to the caseload at Zwicker, and greater complexity of issues.

Ms. Elise Diane Manchester's Texas Bar Card Number is 24070566. She does not use her middle name and signs herself as Elise Manchester. It appears that she does not yet sign pleadings as an attorney of record in debt collection suits filed on behalf of ZWICKER's clients in Texas.  (See image of address block and signature sample below).

Manchester is also admitted to practice in the U.S. District Court for the Northern District of Texas. She obtained her license to practice law in Texas in November 2009, the same year she graduated from law school. As of 2014, she is not licensed in any other state.

ATTORNEY MANCHESTER'S FORMER LAW FIRM AFFILIATION

Elise Manchester was previously associated with HARRELL PAILET & ASSOCIATES, PC, a Dallas law firm that also engaged in debt collection litigation, albeit with emphasis on commercial contract disputes rather than consumer debt. 

FELLOW ATTORNEYS AT THE FIRM MS. MANCHESTER IS CURRENTLY WITH  

As of 2015 Manchester's colleagues in Texas (on the law firm address block with her) are:
Troy D. Bolen, Laura L. Bedford, and Leslie L. Sun. 

LAW FIRM ADDRESS 

ZWICKER & ASSOCIATES P.C.
1 CHISOLM TRAIL, SUITE 301
ROUND ROCK TEXAS 78681
5122180488
5122180477

A previous post on this blawg provided more detailed information about ZWICKER & ASSOCIATES and its debt collection practice in Texas. One of the attorneys previously on the address block has left the firm: Audrie L. Lawton. Elise Manchester appears to be the replacement. ZWICKER currently lists four attorney's on the pleadings it files in Texas courts. 

NONLAWYER STAFF:

Holly Cocherham, Litigation Assistant

Notaries used: Mandy Backlund, Janis L Selucky, Anna Pometta-Glick  

CIVIL PROCESS SERVICE USED BY THE FIRM  

ZWICKER uses ABC Legal to serve citations and petition (suit papers) on the people the firms sues for unpaid credit card debt in Texas.

UNIFORM PLEADINGS FOR ALL ZWICKER ATTORNEYS LITIGATING IN TEXAS 
   
The Zwicker & Associates law firm uses pleadings and motion templates that are identical for all attorneys. The address block on pleadings and motions lists all attorneys involved in debt collection litigation with boxes preceding their respective names. The attorney that signs on the line provided for the signature also checks the appropriate box below by hand. 
     
TYPICAL PLEADINGS BY ZWICKER ATTORNEYS  
    
The standard pleading template has not changed. Zwicker's petition consists of three pages without any attachments in the form of affidavits or copies of account statements. They seek recovery for breach of contract, but do not seek application of the law that governs the creditor and is shown in the choice-of-law paragraph of the applicable card member agreement or customer agreement. For American Express, that is Utah, for Discover Bank, it is Delaware. 
    
RELATED PRIOR POSTS 
  
Troy Bolen Attorney Review (2013 with 2014 update) 

DOCUMENT EXCERPTS / SAMPLE PLEADINGS / IMAGES 

How Attorney Elise Manchester signs 
Leslie L. Sun - Zwicker & Associates Attorney in Texas (signature and address block from pleading)
List of Zwicker Attorneys in Texas Debt Collection Suits
as of Jan 2015 (Leslie L. Sun signature and check in box) 
SAMPLE VERIFICATION FROM MOTION TO RETAIN CASE ON DOCKET 
(no timely service upon the defendant)


EXAMPLE OF NON-MILITARY AFFIDAVIT FILED IN SUPPORT OF DEFAULT JUDGMENT


EXAMPLE OF ZWICKER MOTION TO RETAIN TO PREVENT CASE FROM BEING DISMISSED FOR WANT OF PROSECUTION (DWOP) FILED BY ATTORNEY MANCHESTER 






Wednesday, January 22, 2014

Dan G. Young Profile of Attorney with JWY Lawfirm in Lubbock


WHO-IS-WHO AMONG THE CREDITORS’ BAR

Dan G. Young with JENKINS Lawfirm in Lubbock

INDIVIDUAL ATTORNEY PROFILE  OF DEBT COLLECTION ATTORNEY

Dan G. Young is a collection lawyer with Jenkins,Wagnon & Young, LLC

Attorney Dan G. Young has been licensed in Texas since 1983, and in Oklahoma since 2005. Unlike most other collection lawyers, Young is admitted not only to practice all courts of the State of Texas, but in federal district courts and bankruptcy courts in the multiple Districts of Texas; in the Fifth Circuit Court of Appeals; and in the U.S. Supreme Court. His law degree is from Texas Tech University (1983).  

NAME CONFUSION: SEVERAL TEXAS ATTORNEYS WITH SIMILAR NAME 

Young is a common last name. Not surprisingly, there a number of other attorneys with the same last name, and even one with the same first and last name, and a few more with the first name Daniel rather than the short version Dan. It is therefore important to include the middle name to distinguish Dan G Young from other attorneys with very similar names. The official licensing and registration records for Dan G. Young do not reveal what middle name the G stands for.  

Attorney Dan G. Young’s Texas Bar Number is 22177250

LAW FIRM AND COLLEAGUES 

Dan G. Young is a name partner at JENKINS, WAGNON & YOUNG.. Jody Jenkins and Dan G. Young sign pleadings in debt collection litigation handled by this firm. J. Mark Wagnon devotes himself to other legal matters, which consist in large part of transactional work. Wagnon does not appear as attorney of record in the firm’s collection lawsuits. Like Jenkins and Wagner, Dan G. Young was previously with McCleskey, Harriger, Brazill & Graf, L.L.P., which is true of his partners also. 

Brian Benitez (full name Brian Louis Benitez) is an associate at the firm. He too is a graduate from Texas Tech University School of Law. Benitez was licensed in 2012 and recently joint the firm.

PRACTICE AREAS

Although he is best known as a debt collection lawyer, Attorney Dan G. Young lists a number of other areas of practice on this State Bar profile:  Bankruptcy, Business, Consumer, Creditor-Debtor, Insurance, Labor-Employment, Litigation: Commercial, Real Estate, Other, Finance

ADDITIONAL BIOGRAPHIC INFORMATION 

According to his bio on his firm’s website, Dan G. Young was born in Lubbock in 1957, earned his college degree in his home town in 1979, and also went to law school there, earning his JD from Texas Tech University School of Law  in 1983, where he was also on the law review. He was licensed that same year. Young has chosen collection work as his niche in the legal field. He is a member of the National Association of Retail Collection Attorneys  and the American Collectors Association.

FOR WHICH CREDITORS DOES DAN G. YOUNG LITIGATE?

A search on the Harris County District Clerk's websites reveals  Dan G Young as attorney of record in 437 cases. Recent clients include CONVERGING CAPITAL CORPORATION, SIMMONS FIRST NATIONAL BANK, CACH LLC, EQUABLE ASCENT FINANCIAL LLC, GLOBAL ACCEPTANCE CREDIT COMPANY.

APPELLATE RECORD IN TEXAS

Dan G. Young has a much more extensive appellate track record than most other debt collection attorneys in Texas. He is listed as attorney in 30 cases, although there are few in recent years.  One of the appeals resulting in a noteworthy opinion involved a debt collection case brought on behalf of Hudson & Keyse, L.L.C. on an assigned Chase Manhattan Bank credit card debt that was appealed to the Fourteenth Court of Appeals in Houston. Many appeals in debt collection matters get dismissed for various reasons, such as nonpayment of fees, defective appellant’s brief or none, and lack of jurisdiction due to untimely filing of notice of appeal, or for other reasons.  

TYPICAL PETITION IN DEBT SUIT 

Notwithstanding his appellate law credentials, the pleadings filed by Dan G. Young are rudimentary. Like all other debt collection firms, litigation templates are used and suit papers for individual cases are generated with document production software that inserts a few pieces of variable data into the e-template for pleadings, motions, and other documents. While the typical original petition contains a fact section, it may not even feature a separate paragraph on the legal theory of recovery. See sample of fact section: 


ATTORNEY FEE AFFIDAVITS 

Both Jody Jenkins and Dan G Young seek attorneys fees in debt suits. The typical amount claimed as reasonable, regardless of county in which the suit is filed, is $1,500. See excerpt from sample fee affidavit: 



LAWFIRM ADDRESS AND CONTACT DETAILS FOR DAN G. YOUNG

Dan G. Young
JENKINS, WAGNON & YOUNG, P.C.
P.O. BOX 420
Lubbock, Texas 79408-0420
Phone: 806-796-7322
Fax: (806) 771-8755